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Free Guide to Hiring a Real Estate Lawyer
Landlord and tenant law in Kilkenny is governed by national Irish legislation and by decisions and services provided by national bodies that operate across all counties. The Residential Tenancies Board - RTB - is the principal national regulator for private residential tenancies. Kilkenny County Council plays a role in local housing standards, planning and licensing, and in responding to dangerous properties or serious health and safety hazards.
The law covers a range of situations including private residential lettings, local authority tenancies, social housing supports, Houses in Multiple Occupation - HMO - licensing where it applies, and commercial leases, which are governed by a different legal framework. Whether you are a tenant or a landlord, it is important to understand your statutory rights and obligations, how disputes are resolved, and when you may need professional legal help.
Some disputes or situations are straightforward and can be resolved by talking to the other party or by using RTB processes. Other matters are more complex or high risk and usually justify getting legal advice. Common reasons to consult a solicitor include:
- Eviction or threatened eviction where you need to understand legal notices, timelines, and the correct court or RTB process.
- Complex possession claims when the landlord seeks to regain the property for redevelopment, sale or other statutory grounds.
- Large rent arrears disputes or repeated non-payment matters where formal proceedings are likely.
- Significant disrepair or health and safety concerns that the landlord will not address, including where urgent court or RTB remedies are needed.
- Deposit disputes and claims for compensation or breaches of tenancy obligations.
- Drafting, reviewing or negotiating commercial leases, long residential leases, or complex tenancy agreements.
- Appealing or challenging an RTB decision in the higher courts when a significant legal point or large sum is involved.
- Allegations of illegal eviction, harassment or serious breaches of tenant rights, which may involve both civil and criminal processes.
Key legal principles and local rules to be aware of in Kilkenny include the following:
- Registration with the RTB: Most private residential tenancies must be registered with the RTB. Registration helps protect both landlord and tenant and enables access to RTB dispute resolution.
- Tenancy agreements: Written tenancy agreements are strongly recommended. They should set out rent, notice periods, responsibilities for repairs, any service charges, and rules about subletting and pets.
- Notice and termination: Statutory notice periods and reasons for termination are set out in legislation. Notice periods vary by the length of the tenancy and the ground relied upon. Proper notice must be given and formal orders obtained before possession can be enforced.
- Rent setting and increases: Rent reviews and increases are subject to statutory rules. In certain areas, rent pressure measures may limit increases. Rent increases normally require appropriate written notice and cannot be applied arbitrarily.
- Repairs and maintenance: Landlords have a general legal duty to keep the property in a reasonable state of repair and condition. Tenants should report faults in writing and give landlords a reasonable opportunity to remedy problems.
- Safety and minimum standards: Properties must meet basic standards for health and safety. This includes functioning smoke alarms and carbon monoxide alarms where required, and compliance with building and fire safety rules. HMO properties may require licensing and additional standards enforced by the local authority.
- Deposits and inventories: There is no single nationwide tenant-deposit protection scheme like in other jurisdictions. Deposits are commonly taken by landlords and disputes about their retention are resolved through the RTB or courts. Keep records and an inventory to support any future claim.
- Dispute resolution and enforcement: The RTB provides adjudication and dispute resolution services for most residential tenancy issues. Its decisions are binding but can be appealed to the courts in prescribed circumstances. Eviction without an RTB order or court order is illegal and may amount to a criminal offence.
Either the landlord or tenant can register the tenancy with the RTB. Registration is required for most private residential tenancies. There is a fee for registration and you should register within the statutory timeframe after the tenancy begins. Registration gives you access to RTB dispute resolution and is an important protection for both parties.
No. Rent increases must follow the rules set out in law. Typically the landlord must give written notice and allow the statutory notice period. In many cases increases can only occur once in a 12-month period and, in certain designated areas, increases are restricted by rent pressure measures. Check the specific circumstances that apply to your tenancy or get legal advice.
Notice periods differ depending on the type of tenancy, its duration and the reason for termination. The law specifies the required form and length of notice. It is important to get specific advice or check RTB guidance for the exact notice period that applies in your situation before acting.
No. A landlord cannot legally force you out without following the correct legal process. Evictions carried out without a court order or RTB enforcement are unlawful and may amount to illegal eviction. If you face an illegal eviction or threats, seek legal advice immediately and consider contacting the Garda if there is a risk of violence or criminal behaviour.
Report the issue to the landlord in writing and give them a reasonable opportunity to carry out the repair. If the landlord fails to act, you can raise the matter with the RTB or the local authority if the issue endangers health or safety. Keep records of all communications, photos and any expenses you incur.
Ireland does not have a single national deposit protection scheme in the same way as some other countries. Landlords commonly hold deposits privately. If a dispute arises over the deposit at the end of the tenancy, you can apply to the RTB for a determination. Keep written evidence of the condition of the property and any inventory to support your case.
Landlords may enter the property for valid reasons such as inspections, repairs or to show prospective tenants or buyers, but they should give reasonable notice and arrange a suitable time. Entry without permission, except in emergencies, is not acceptable. If you believe your right to quiet enjoyment is being breached, seek advice.
If you cannot pay rent, communicate with your landlord as soon as possible to try to agree a plan. Landlords may start formal notice processes for rent arrears which can lead to RTB or court proceedings. Seek early advice from a solicitor or from organisations such as MABS - Money Advice and Budgeting Service - to explore supports and options.
Subletting depends on the terms of your tenancy agreement and on landlord consent. Many tenancy agreements require written permission before subletting. Subletting without consent can put you in breach of your tenancy and may lead to termination. Always check the agreement and get specific advice if you are unsure.
Free or low-cost help may be available via the Legal Aid Board for eligible cases, FLAC - Free Legal Advice Centres - community law centres, Citizens Information, and local community legal clinics. The RTB offers guidance and dispute resolution for tenancy matters. For complex disputes or appeals it is usually necessary to instruct a solicitor experienced in landlord and tenant law.
Residential Tenancies Board - RTB: The national body responsible for tenancy registration and dispute resolution in private residential lettings.
Kilkenny County Council - Housing and Building Control: Local authority functions including HMO licensing where applicable, inspections for hazardous conditions, and local housing supports.
Citizens Information: A national service providing clear, practical information on housing rights, tenancy law, and public supports.
MABS - Money Advice and Budgeting Service: Provides free, confidential advice for people struggling with rent arrears or general debt problems.
Legal Aid Board: Provides information on eligibility for legal aid and the services it can cover for housing-related matters.
Law Society of Ireland: A way to find solicitors who specialise in landlord and tenant law and to check professional credentials.
FLAC - Free Legal Advice Centres: Community-based centres offering free legal advice clinics on housing and tenancy issues.
If you need legal assistance in Kilkenny, start by identifying the core issue and gathering key documents - tenancy agreement, rent receipts, correspondence, photos, inventories, notices and any RTB registration details. Try to communicate in writing with the other party to record efforts to resolve the matter.
If the issue is urgent - for example an illegal eviction, a serious safety risk, or an immediate threat to your safety - seek urgent help from the Garda and consider contacting a solicitor right away.
For disputes about tenancy terms, deposits, repairs or eviction notices, consider using the RTB dispute resolution services. If you expect a complex dispute, large financial exposure, or an appeal to the courts, arrange a consultation with a solicitor who specialises in landlord and tenant law. Ask for a written fee estimate and an engagement letter so you understand likely costs and stages.
Finally, use the local and national resources listed above to get clear, impartial information and support. Early, informed action and good record-keeping significantly improves the chances of a positive outcome.
